PDA

View Full Version : False domestic violence allegations, now what?


cainec
Mar 20, 2010, 06:58 AM
False domestic violence allegations

Hello everyone, I live in Polk County Florida. To make a long story short.

March 5th my girlfriends family showed up at 2 in the morning and tried to

Take our son and run. I called 911 and put a stop to it. She still took all of

His belongings to Ohio while she remained living at our residence. March 7th I

Overheard her planning on trying to run off with him again so I took our son

And left after first notifying the local sheriff I was doing so. They later called

And confirmed I had him with me then said thank you have a nice night. After

4 or 5 times calling the sheriffs back to our residence within 48 hrs, she filed

False dv charges on me. On march 9th I received a call from a sheriff saying

That they just needed to physically see that our son was safe and in no

Harm. I cooperated and gave them the residence I was residing at. When

They arrived I was told to put my hands behind my back I was under arrest. I

Was arrested for dv and temporary custody of our 4 month old child was

Granted to her, as she was escorted to a local dv shelter and I jail. The

Police report stated the officer observed no markings on her and the

Allegations were that I was pushing her around all week long. We have a

Custody hearing on the 23rd of march. I am afraid the judge will let her take

Our son to Ohio as she originally tried to do. Having to go buy all new

Necessities and having to pay to bond out has put my finances at a

Temporary setback. I need any advice I can get on what action to take now

To defend myself, being that I am limited on funds. Temporarily.


(Here are a few facts that might help with any advice you might have.)


1. all events occur in Polk County, Fl.
2. we have been together for 1 and 1/2 years and are not married
3. we have resided with my Mother for the past 6 months
4. yes, my name is on the birth certificate
5. I have an extensive petty criminal record, (with this being my first domestic violence charge) as she has very little on hers.
6. since she has had temporary custody she has refused my family any right to see him or even acknowledge that he is safe and in good care.
7. Her filing the temporary custody for dv is the only custody filed at that time.
8. Our date in court for the temporary custody hearing is set for March 23rd.
9. Our son is my only child and he means the world to me and his grandma.
10. His happiness and well being is my first concern in this matter, and I do think he needs a mother and father in his life, as well as his extended family he has an emotional bond with so far in his life.

My question('s) once again is/are,

How do I defend myself? Where do I start? What actions should be taken?
Most importantly, How do I handle this situation being that I am currently indigent. What can I do to prepare/resolve this issue in a timely manner?
What are my rights?

Thank you for your support.

Sincerely,
Daniel

babysaver
Mar 20, 2010, 08:05 AM
The legal experts will step in and offer advice soon. I just wanted to tell you my thoughts are with you. I work for CPS here in TX and see false allegations DV allegations made against parents all the time (against the dads or moms).

cdad
Mar 20, 2010, 10:55 AM
Keep in mind your allowed to call witnesses. So you might want some ready for your behalf. Another thing is that your allowed to question her in open court and under oath. Time is short. You also can get character statements and have them witnessed - usually by notary. Another thing is your going to need to build a timeline of everything and show what is really happening. And most important of all DO NOT lose your cool in court. Having said that it would have been best to have representation. People say all the time they can't afford it. Sounds almost true. But the real thruth is in most cases you can not. Lets say with representation all your concerns are met and you settle for reasonable custody and maybe end up paying a little child support in the end. Lets say $300 a month. Without representation. You lose custody and have it on a supervised basis. None of the truth gets out in court. You end up paying $1300 a month in child support.

See a difference? Its OK not to afford it now but wait till you have to pay later. So be very very careful.

Fr_Chuck
Mar 20, 2010, 11:53 AM
You defend yourself I hope you enjoy prison

Please get an attorney and do this right.

Part of the first issue, was the day you took the child you needed to file for temp custody of the child.

So if you want a chance at joint custody and not go to jail, you get an attorney.

If you want to be in jail, paying child support and barely ever seeing your child, you do it yourself.

When the family came over was the time to get an attorney, basically you see what happens when you don't at this point

cainec
Mar 20, 2010, 12:16 PM
Any suggestions on where is to acquire legal representation by this Tuesday in Polk county, Florida?